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East Timor Action Network Sues New York City EAST TIMOR ACTION
NETWORK FILES FIRST AMENDMENT LAWSUIT SEEKING A PRELIMINARY INJUNCTION THAT WOULD REQUIRE
THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION TO GRANT THE GROUPS REQUEST FOR A
TEMPORARY STREET RENAMING IN TIME FOR JULY 17 COMMEMORATION
New York (May 19, 1999) - Today, the Center for Constitutional Rights filed a civil
rights lawsuit in the U.S. District Court for the Southern District of New York on behalf
of the East Timor Action Network, Inc. (ETAN), a not-for-profit corporation
dedicated to self-determination and human rights for the people of East Timor. East Timor,
which is a territory situated 400 miles north of Australia in the Indonesian archipelego,
was annexed by Indonesia on July 17, 1976.
On March 19, 1999, ETAN mailed a request to the New York City Department of
Transportation (DOT) pursuant to DOTs Standard Operating Procedure 96-1 (SOP 96-1).
SOP 96-1 permits any person or organization who complies with the requirements specified
therein -- all of which were met by ETAN -- to temporarily rename a New York City street
to commemorate, among other things, an event or person of historic
significance. ETAN requested that two temporary street signs commemorating the 23rd
anniversary of the annexation of East Timor by Indonesia, bearing the words Free
East Timor, be posted near the Indonesian Consulate, which is located on East 68th
Street, between Fifth and Madison Avenues in Manhattan, in time for the signs to be
unveiled at an anniversary commemoration that ETAN plans to hold at that location on July
17, 1999. DOT, by letter dated May 11, 1999, denied ETANs request without providing
ETAN with a valid reason for the denial.
ETAN is claiming that its First Amendment right to freedom of speech was
unconstitutionally denied by the DOTs refusal to allow it to express a message
central to its mission in a public forum that would attract a wide audience. ETAN will ask
the court to issue a preliminary injunction requiring defendants to approve ETANs
March 19, 1999 application and requiring DOT to post the requested temporary street signs
in time for the July 17, 1999 commemoration.
John Miller, the Coordinator of ETANs New York Chapter, stated that "July
17, 1976 was a dark day for East Timor. Indonesia's invasion and annexation of East Timor
has led to over two decades of violent repression and the loss of over 200,000 East
Timorese lives. The street sign we have requested are meant to remind Indonesia of its
commitment to allow a free and fair vote by the East Timorese this August 8th. I can't see
how anyone, especially the City of New York, could view the promotion of democracy as
controversial."
Nancy Chang, Senior Staff Attorney at the Center for Constitutional Rights, explained,
"This City has a long and rich history of allowing its street signs to be used as a
forum for political speech. From Tienanmen Square Corner, to United Jerusalum Way, to
Kudirat Abiola Corner, to Brothers to the Rescue Corner, City signs have often been the
subject of heated controversy. The Citys decision to deny ETANs request for a
sign renaming, despite the fact that it meets all necessary requirements, is unreasonable
and can only be explained as unconstitutional discrimination based on the content of
ETANs speech.."
ETAN is represented by Nancy Chang and Michael Ratner of the Center for Constitutional
Rights and Matthew Brinckerhoff of Emery Cuti Brinckerhoff & Abady. |
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